Resolution 4038 - Annexation - Sunset Addn2002-324f b(—�D
RESOLUTION NO. 4038
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REAL PROPERTY TO BE KNOWN AS SUNSET ADDITION NO. 245; TO
ZONE SAID PROPERTY RESIDENTIAL, R-3, AND TO AMEND THE CITY ZONING
MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the boundaries of the territory to be annexed is
contained in Exhibit "All attached hereto and for purposes of this
Resolution made a part hereof, and
WHEREAS, the Flathead Regional Development Office has made a
report on the annexation/zoning of the territory dated January 7,
1992, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on the annexation and zoning of
the property, pursuant to Section 6.13, Kalispell Zoning
Ordinance on January 14, 1992, and recommended that the
territory be annexed into the City of Kalispell and be zoned
Residential, R-3, in accordance with the Kalispell Zoning
Ordinance and the Kalispell City -County Master Plan, and
WHEREAS, the City Council of the City of Kalispell held a
public hearing pursuant to Section 6.13, Kalispell Zoning
Ordinance on March 16, 1992 to consider the report made by the
Flathead Regional Development Of f ice and the recommendation of
the Kalispell City -County Planning Board and Zoning Commission,
and
WHEREAS, based upon the report of the Flathead Regional
Development Office and the recommendation of the Kalispell City -
County Planning Board and Zoning Commission, the City Council of
the City of Kalispell finds that the recommended zoning
classification for the territory is in accordance with the
Kalispell City -County Master Plan and the Kalispell Zoning
Ordinance based upon the following criterion:
1. Does the proposed zone comply with the Master Plan?
The proposed R-3 zoning classification is in substantial
conformance with the Urban Residential land use designation of
the Kalispell City -County Master Plan.
2. Is the proposed zone designed to lessen congestion in the
streets?
The proposed R-3 zoning classification will not promote or
otherwise stimulate higher density of uses or more intensive land
uses than what is currently existing on the properties. Traffic
should not be affected by the zoning classification.
I
3. Will the proposed zone secure safety from fire, panic and
other dangers?
Upon annexation the property will be served by the City of
Kalispell police and fire departments. No extraordinary threats
to public health and safety are apparent in the area.
4. Will the proposed zone promote the health and general
welfare?
The proposed residential zone will serve the general public
interest by helping to promote orderly growth and development
consistent with the character of the general area and with the
development capabilities/limitations of the property.
5. Will the proposed zone provide for adequate light and air?
The bulk and dimensional requirements of an R-3 zoning
classification will ensure adequate light and air consistent with
the character of an urban residential neighborhood.
6. Will the proposed zone prevent the overcrowding of land?
The maximum permitted lot coverage in an R-3 zoning
classification is 40%. This will help maintain the open space
qualities of residential properties.
7. Will the proposed zone avoid undue concentration of people?
The existing lot sizes are consistent with the character of the
adjoining residential properties. The proposed zoning will not
increase the development potential of the existing lots.
8. Will the proposed zone facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
reQuirements?
The proposed classification will not generate a more intensive
land use than what currently exists on the properties. No
additional impacts to public services are expected.
9. Does the proposed zone give consideration to the particular
suitability of the Property for particular uses?
The proposed zone is intended to retain the existing character of
the properties.
10. Does the proposed zone Qive reasonable consideration to the
character of the district?
The subject properties are islands among existing zoned and
2
annexed R-3 properties. The proposed zoning reflects the land
use and lot size characteristics of adjoining properties and of
the subject properties.
11. Will the proposed zone conserve the value of the buildings?
The proposed classification recognizes the existing land uses of
the properties. The zoning will help prevent the intrusion of
non -compatible uses that may detract from the value of the
properties.
12. Will the proposed zone encourage the most appropriate use of
the land throughout the municipality?
The residential classification is consistent with the Master
Plan. The subject properties are situated in an area that is
almost exclusively residential. The only appropriate land use
classification would be the R-3 classification that already
pertains to those properties.
WHEREAS, on the 3rd day of April, 1989, the City Council of
the City of Kalispell adopted, pursuant to Section 7-2-4506,
Montana Code Annotated, an Extension of Services Plan which
anticipates development of City services for approximately five
years in the future, and
WHEREAS, the City has caused to be developed a I'mini-
extension of services plan", attached hereto as Exhibit "B" and
thereby made a part hereof, for the territory by this Resolution
annexed to the City of Kalispell, and
WHEREAS, said "mini -extension of services plan" provides for
the extension of municipal services or maintenance of existing
services within the area of Sunset Addition, subject to
annexation, including water, sewer, storm drainage, streets,
garbage collection, police protection and fire protection, and
WHEREAS, said "mini-exten-sion of services plan" provides for
financing the extension of municipal services or maintenance of
existing services by utilizing funds allocated and expended,
pursuant to the annual City budget without incurring additional
bonded indebtedness, and
WHEREAS, Sunset Addition is included within and conforms to
the Kalispell City -County Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL AS FOLLOWS:
SECTION I. That all of the real property as is more
particularly described in Exhibit "A", attached hereto,
shall be annexed to the City of Kalispell and the
3
boundaries of the City are altered to so provide.
SECTION II. Upon the effective date of this
Resolution, the City Clerk of Council's office is
directed to make and certify, under the seal of the
City, a copy of the record of these proceedings as are
entered on the minutes of the City Council and file
said documents with the Flathead County Clerk and
Recorder.
SECTION III. The territory annexed by this Resolution
shall be zoned as Residential, R-3, and the City of
Kalispell zoning map shall be altered to so provide.
SECTION IV. This Resolution shall be effective thirty
(30) days from and after its final passage by the City
Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 16th DAY OF March 1992.
ATTEST:
41,
Amy H.' Robertson
Finance Director
4
=W10m; A mall - M W-1 011
EXHIBIT "A"
LOT 8 OF BLOCK 1 AND SOUTH 10 FEET OF LOT 8 OF BLOCK 2, SUNSET
ADDITION, KALISPELL, FLATHEAD COUNTY, MONTANA.
2002324.(w5o
_.Tz 0. v ."S./,
I- /W
114
N
113
df
OC'
C.=e
E)
Or—
2002324(=
EXHIBIT B
EXTENSION OF SERVICES
SUNSET ADDITION NO. 245
LOT 6 IN BLOCK I
THE SOUTH 10 FEET OF LOT 8 IN BLOCK 2
GENERAL --DESCRIPTION:
This area is comprised of two lots in the existing Sunset
Addition having frontage on Northern Lights Boulevard.
These properties, as well as adjoining properties, are
residential in character*
EXISTING SERVICES:
Water: A six inch water main is located the entire length
of Northern Liahts Boulevard. Both lots are currently
linked to the city water system.
z5g.weiZ.: An elaht inch sewer main follows the lenath of
Northern Lights Boulevard*
Storm Drainage: No developed drainage facilities are in the
vicinity of the properties.
qt]L(�ets: Both properties affected have frontage along a
public road, Northern Lights Boulevard.
Garbage Collection: Garbage collection is available on a
contract basis to the property from private companies.
Eolice Protection: Police jurisdiction is with the Flathead
county Sheriff's Department.
1LIKe_.Erotection: Fire protection Is provided by the West
Valley Fire District.
ANTICIPATED SERVICE NEEDS:
water: Existing water mains can adequately serve the
properties.
Sf--W4zr ; The existing sewer main along Northern Lights
Boulevard can adequately accommodate the needs of these
lots.
Storm Drainage: There Is no immediate need for an Improved
storm drainage system In this area*
Streets: Street system improvements, if necessary, will be
accomplished pursuant to the ongoing street maintenance and
reconstruction program of the city. Routine maintenance
1
such as patching and snow
responsibility of the city$
2002324 (W�SO
removal will also be the
Garb-aae Cqllectlon: The City of Kalispell will not
provide/solicit waste disposal service to the annexed
territory for a period of at least five years, consistent
with the provision of 7-2-4736, M.C.A.
Police PrAtectio : Kalispell City Police will provide
police protection to the area upon annexations
Fire Protection: The City of Kalispell Fire Department will
have jurisdiction upon annexation.
EXTENSION AND FINANCE STRATEGIES:
The cost of extending such public services as police and
fire protection will be borne by the entire municipality
throuah city tax revenues* The entire municipality will
also share the tax burden for most of the street maintenance
program. Individual improvements to the properties relative
to storm drainage end lighting will be finance, in part, by
the residents of the entire municipality and, in part, by
Special Assessments for that purpose* Such special
improvement districts will be subject to voter approval.
city water service Is currently available to each of the
subject properties. Sewer service* when needed, will be
provided by the sewer main along Northern Lights Boulevaro,,,.�.,,`
The cost of this extension will be borne by the Indiv 111
parties requiring this service.
STATE OF MONTANA, I SS
County of Flathead
Recorded at the request of
this day of _A
6�
STATE OfF MRGHTP-14A
Counly 01
0,
Y///
Ciqy of Kai N \N
I harcby certily t�M t1le insamnwn, to which this certlf!63W �mmwMV�
d";—q �8 � 'rug, ocmct -qrj comtmrGd con', 011 the or�g!Anl oil P3 in
the oi`-;,,� C:� "la VQt, 01, th-3 04 ol -�l
(`�i' V1 thlad
County, Mon. i!
6
4- - �E
1 20, 01�-2 at .—O'clock
the records of;F)athead County, State of Montana.
Fee $ Pd.
RECEPTION
I
Clerk and
and recorded in
TO L�— - / 1 11 -- '- 9/7-7-�
( -7 - _ 7-